[Ord. No. 1-2020, 21, passed 6-22-2020]
The following dimensional requirements shall apply for the specified
zoning district, unless a more restrictive requirement for a specific
use is required by Article 1306 or another provision of this title.
All measurements shall be in feet unless otherwise stated. See definitions
of terms (such as lot width) in Article 1315. Each dwelling unit and
each principal building shall be served by both public water and public
sewer service.[1]
[1]
Editor's Note: The dimensional requirements are included
as an attachment to this title.
[Ord. No. 1-2020, 21, passed 6-22-2020]
Section 1305.01 establishes maximum building heights for each district. The following provisions shall also apply:
(a)
Any accessory structure or building shall have a maximum height of
one habitable story or 20 feet, unless it meets the minimum setbacks
for a principal building, in which case the maximum height for a principal
building shall apply.
(b)
The maximum height requirements shall not apply to cranes or similar
mechanical devices.
(c)
A minimum building height of 20 feet shall apply for any new principal
building in the CBD District.
(d)
The maximum structure height specified for each district shall not apply to antenna and communications towers that meet the requirements of this title, water towers, clock or bell towers, steeples and religious symbols attached to places of worship, utility lines and poles and towers, elevator shafts, rooftop stairways, wind turbines that comply with this title, skylights, chimneys, heating/ventilation/air-conditional equipment, industrial mechanical equipment areas that are not occupied by humans, or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also definition of "height" in § 1315.02.
(e)
Solar energy collection devices may exceed the maximum building height
by six feet, provided the devices do not extend more than one foot
above the top of the peak of a pitched residential roof.
[Ord. No. 1-2020, 21, passed 6-22-2020]
(a)
Accessory structures and uses shall meet the minimum yard setbacks provided for in § 1305.01, unless otherwise provided for in this title, including the following subsections.
(b)
The minimum side and rear yard setback (other than along a street
right-of-way) for a permitted detached one story structure with a
maximum height of 16 feet that is accessory to a dwelling shall be
three feet, except in the following cases:
(1)
A side yard setback is not required for a structure that is
accessory to a dwelling from a lot line along which two dwellings
are attached (such as a lot line shared by semidetached dwellings).
However, such structure shall still meet the three feet setback on
a lot line where the dwellings are not attached, and shall not be
placed less than three feet from an approximately parallel door or
window of another dwelling.
(2)
A residential porch or deck that is unenclosed may extend a
maximum of 15 feet into the required rear setback. Such porch or deck
may be covered by a roof or awning. Space under an unenclosed porch
may be used for household storage. See Note D considering front yard
setbacks.[1]
[1]
Editor's Note: Said note is included in the dimensional requirements,
included as an attachment to this title.
(4)
A vehicle garage that is accessory to a dwelling shall have
a sufficient setback abutting an alley to provide access to the garage,
unless a larger setback is established by another section of this
title.
(5)
No accessory building and no swimming pool shall be allowed
between the principal building and the front lot line.
(c)
The minimum side and rear yard setback for an accessory storage shed
that is not accessory to a dwelling shall be 10 feet, except it shall
be three feet for a lot line abutting a principal business use. These
reduced setbacks shall only apply for storage sheds of less than 12
feet in height that are used to store types of materials, substances
and equipment that would be typically found on a residential property,
such as lawn mowers.
(d)
Vehicle parking shall not routinely occur on grass portions of a
residential lot.
(e)
Vehicle parking shall not occur in a way that obstructs traffic on
streets or alleys or that extends over a public sidewalk. Any parking
space in front of a vehicle garage shall have a 20-foot length.
(f)
Where parking is required to be provided for residents (including
in a garage), it shall be reserved for use of those residents and
shall not be rented to nonresidents.
[Ord. No. 1-2020, 21, passed 6-22-2020]
(a)
In the OI, RHD, or CBD Districts, where more than 70% of the lots
on the same side of a block are already developed with buildings,
and where the Zoning Officer determines that more than 70% of such
buildings have a front yard setback of 30 feet or less along such
side of the block, then if a new principal building is proposed, then
at least a portion of the front building wall of a new principal building
shall have a front yard building setback that is not more than five
feet larger and not less than five feet smaller than the average front
yard setback of the existing buildings that have a setback of less
than 30 feet. The maximum front yard setback may be met with an attached
front porch or a building wall. A maximum building setback shall not
apply where the area between the building and the curb is occupied
by an outdoor cafe or pedestrian plaza.
(b)
This Subsection (b) shall apply when Subsection (a) does not apply. In the OI, RHD and CBD Districts, any new principal building shall have a maximum front building setback along a street of 25 feet. This maximum building setback shall not apply in areas occupied by an outdoor cafe or pedestrian plaza. The intent is to have new parking to the side and rear of the building. This subsection shall not prevent the construction of an access driveway in the front. On a corner lot, this provision shall only apply to one of the two abutting public streets.
(c)
Where a subject lot has two abutting lots on the same side of the
street along the same block, and both of these lots have an existing
front yard building setback that is smaller than the setback that
would be required on the subject lot, then the subject lot may have
a minimum front yard setback that is equal to the average of those
two abutting lots.
[Ord. No. 1-2020, 21, passed 6-22-2020]
(a)
Articles 1303 and 1304 list where solar energy collection devices
are allowed and the maximum percentage of lot area that can be covered.
(b)
See § 1305.02(e) which allows solar energy collection devices to exceed the maximum height. Solar screens, awnings, or solar panels that extend over building windows and that do not include any signage may intrude into a building setback area by up to 15 feet.
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The photo to the right shows an example of a solar shading extension
of a building roof that is intended to provide adjustable screening
of the sun, to cool a building on hot days and warm a building on
cold days.
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(c)
Solar energy collection devices that are not located on a building
roof shall not: 1) be located in a minimum front yard and 2) have
a total height above the ground of more than 15 feet, unless they
meet minimum setbacks for a principal building.
(d)
When an applicant owns two or more adjacent lots and at least one
of those lots is proposed to utilize solar energy collection devices,
the applicant is requested to consider establishing a solar access
easement or a similar legal mechanism to make sure that structures
or vegetation on one lot does not unreasonably obstruct solar access
for the solar energy collection devices on the adjacent lot.
(e)
Where solar energy collection devices are being placed on a building
roof, it is requested that they be set back a minimum of three feet
from the side and bottom edges of the roof to allow for safer access
by and less risk of electrical shock to emergency responders.
